Allowed

Canara Bank v. Ms Urjaswati Chatterjee

DRT22 Jul 2024OA/549/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an Original Application filed by Canara Bank for recovery of a term loan shortly, dismissing the absent defendant's claim and granting a recovery certificate.

What did the court decide?

Recovery of Rs. 30,35,964.38/- with interest at 7.35% p.a.; debarment from property alienation; thirty days to pay; Recovery Certificate to be issued under RdBA 1993.

Canara Bank versus Ms Urjaswati Chatterjee — Banking and Recovery | DRT (2024)

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BEFORE THE OEBTS RECOVERY TRIBUNAL-III^KOLKATA PRESENT:^.SRI XAMAL DE.

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PRESIDING OFFICER.

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O.A. No. 549 OF 2023'

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DATE OF oELMRY^{OF ORDER|2210712024}

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Canara Bank is a body^{Corporate constitutedunderthe BankingCompanies} (Acquisition and Transfer of Undertakings)^{Act, 1970, having its Headoffrce at 112'} J.C. Road, Bengalu^{ru- 560002. and having amonqothers,a branch office at saltlake} City Branch, BB-24,^{Saltlake, Sector-1, PS- Bidhannagar North,Kolkata-700064'} withan the^jurisdiction of^{this Ld. Tribunal.}

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Applicant Bank.

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-Versus-

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1. Ms. Urjaswata Chatteriee, daughter of Priyabrata^Chatterlee, at 1, Fern^Road, Ballygunge,^Kolkata,West Bengal-700019.

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Defendant-

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Counsel for^{the APPIicantBankl}

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Mr. Amit GuPta,^Advocate,

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set ex-Parte^on l1l07l2024

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]UDGEMENT

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The Applicant^{Bank filed the presentOA' being No 0A/549/2023o^ 1210912023 fot} recovery of a^{totalsum of Rs. 30,35,964.38/.(Rupeesthirty lakh thirty five thousandn.ne} hundred sixty^{four and paisa thirty eightonly) fromthe DefendantstowardsTermLoan} (Housing) together^{with interest, cost and other usual reliefs'}

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The Defendants^{are servedwith Summons The defendantsdid not} appear, as^{therewas no} representation^{from the defendants,the case was fixedforex_parte} heanng on^11/o? 12024, and heard ex-Parte^accordinglY

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The Applicant^{Bank examined13 documentsthroughShankerLal Sirvi'Chlef Manager} marked as Exhibat^{Annexure-Ato Exhibit Annexure-A-12'}

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Heard the^{Ld Counselfor the ApplicantBank}

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The potnt that^{arrses forconslderationis:}

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is entitled to^{the claim made in the OA againstthe Defendants} Whether the^{APP|icant Bank} and oA schedule ProPerties as^{prayed for?}

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As stated supra, the Defendant remained absent and did not turn up to controvert the version of the O,A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz,, Exhibits Annexure-A to Exhibat Annexure-A-12 marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are jointly and severally liable to pay to the Applicant Eank the claims made an the OA wath future interest and costs.

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In the result, the present Original Application is allowed ex-parte with costs, as under:-

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ORDER

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(1) O.A. No. 549 of 2023 filed by the Applicant Bank is allowed and debt as determined with cost against the defendants. It is hereby ordered that applicant bank^is entitled^{to recover from} the defendants the total amount to the tune of^{Rs. 30,35,964.38/-(Rupeesthirty lakhthirty} five thousand nine hundred sixty four and^paisa thirty eight^{only)wath pendenteliteand} fLrture interest @ 7.35olo^per annum^{interest with simPleon the amount duefrom the date} of filing of the Original Application i.e^{l2/O912O23 till full and final realization of the claim} amount.

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(2) Amount, if any, paid by the defendants in the loan accounts^{or amount, if any, recoveredby} the Applicant Bank after^{filing of the O.A. the same be takeninto accountwhile arriving at} the exact amount of dues/debt^{payable by the defendants. Accordingly, pendentelite and} future interest shall be calculated on the^{reducedamount.}

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(3) Defendants are debarred from disposing, alienating^{or dealingwith anyof theproperties} belonging to them till the^{aforesaid decretaldebt is recovered from the defendants}

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(4) Defendants are^given a tame of thirty^{daysfrom the date of the ludgement/FinalOrderfor} repaying of the above^{mentioned dues, so intimated to them ln casethe defendantsfail to} pay the dues within the above mentioned^{time, the applicant bank is entitledto recoverits} dues by sale of secured^{assets, if any. Applicant bank is also entitled to proceed against} personal properties of the defendants^{(Bothmovableand immovable)and alsoproceed} against the defendants^{personallyto recover the dues in accordancewith law}

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(5) Let the Certificate of Recovery^{be drawnup by Ld Reg'strar forthwith in termsof} Judgement^{for issuanceof thesame against defendants in favour of theapplicantbank} undelsectionlg(22)oftheRecoveryofDebtsandBankruptcyAct,1993andputupthe same for issuance of^{the Certificate.}

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(6) Ld. Recovery Officer shatl^{realizethe amountas per the Recovery Certificatefromthe} defendants in accordance with^law.

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is directed to deliver^{recovery certificatein term of thefinal}

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(7) Ld. Reqistrar of this Tribunal of the sum against^{the deFendant in favourof theApplicant}

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order/judgement^forrecovery

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Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financral Institutrons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parties are directed to appear before the Recovery Ofticet on 22/08/2024 for frtther action in accordance with law in the event the entire amount is not paid by the said date.

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Accordrngly, the Original Applrcation berng O.A. No. 549 of 2023 is altowed and stands disposed of.

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Copy of the ludgement/Final Order be uploaded in the Tribunal's website. Fie is consigned to the Record Room.

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(Oictated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on thrs the 22nd day of luly, 2024)

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( KAMAL DE ) PRESIDING OFFICER.

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Co ntin uatio n )

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Case No, OA No. 549 ot 2023 Canara Bank Vs. Uriaswati Chatterjee
Date of Order Order with signature
Order No.07
Order pronounced (vide separate sheets).
Dt.22/07 /2024
In the result, O.A. No. 549 of 2023 is allowed with costs. Issue
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3. Kolkata
S5

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Co ntin uatio n )

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CaseNo,O.A./	549/2023 CanaraEank Vs.UrjaswataChatteriee
DateofOrder	Orderwithsignature
OrderNo.06 pt.11/07/2024	Present:.
	ForApplicant:Ld.AdvocateMr.AmitGupta ForDefendantsiNone
	TheRegistryhasissued noticeto theDefendantintermsof orderpassedby thisTribunal.DefendanthasnottLrrnedup despitethe factthatthenotices have been serveduponthe Defendant. Applicant prayedforhearingofthecaseex-parte. Thematterispending since2023.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceistobe closed.Itis closed. TheOA^proceedsfor ex-parte.Heardthe^Ld Counselfor theApplcant.Reservedfororder. Applacantmay filewrittennotes of arguments. To 2210712024totodet.
	(KamatDe-i-^---- PresidingOfficer DRT-3. Kolkata

Canara Bank v. Ms Urjaswati Chatterjee

Case brief

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Canara Bank v. Ms Urjaswati Chatterjee

Case brief

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